Opinion
Argued January 22, 1952
Decided March 13, 1952
Appeal from the Supreme Court, Appellate Division, Second Department, FARRELL, J.
Sydney Rosenthal and Keal Kaufman for appellant.
T. Vincent Quinn, District Attorney ( Benjamin J. Jacobson of counsel), for respondent.
Judgment affirmed. Appeal from order denying a new trial on the ground of newly discovered evidence dismissed, since such an order in a noncapital case is not reviewable by this court ( People v. Luciano, 275 N.Y. 547). This is without prejudice to a new motion by defendant, if he be so advised, by way of coram nobis, to make the same contentions as in his previous motion for a new trial, as to the merits or effect of which contentions this court takes no position at this time. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.